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parkn_rob
Hi, I have just received a speeding notice saying I was doing 66 in a 40 on the m5 through a variable speed limit area and I'm 99% sure that there was no sign advising the limit was reduced to 40, how can I try to get evidence for this?

It was 2345 with no roadworks or incidents and the motorway as quiet so makes me even sure that the overhead gantry signs were not on, I remember the camera flashing and at the time checking my speed and signs straight away and having the conversation with my mate that I wasn't speeding.
peterguk
Location?

You'll most likely have to go to court, plead NG, and put the prosecution to proof that the limit was displayed. Beware, if fond guilty, you could be paying out £800+ in fine and costs.
Jlc
It's going to court at that alleged excess.

If if was a HADECS2 then there will be a log of the displayed limit, but if a HADECS3 then the displayed limit is also photographed.
parkn_rob
Just by cribs causeway junction 16/17 northbound.

Can I not request photo evidence before court and have you ever heard of this case before?
peterguk
QUOTE (parkn_rob @ Sun, 9 Oct 2016 - 22:08) *
Just by cribs causeway junction 16/27 northbound.

Can I not request photo evidence before court and have you ever heard of this case before?


You're entitled to no evidence prior to pleading NG in court. You could ask for photos "to assist in identifying the driver". I doubt they will show what limit was displayed, only your speed, which you don't dispute.
Jlc
You can ask for photo's to assist in the identification of the driver - prior to returning the s172 nomination. They do not have to supply but they often do.

Other than that, you will not get 'evidence' until a not guilty plea is entered at court.

From GSV here it's HADECS2.
parkn_rob
ok so I'll call them in the morning and see what they say in terms of photos. Are you saying I'm going to court anyway. Or just if I contest?
peterguk
QUOTE (parkn_rob @ Sun, 9 Oct 2016 - 22:13) *
Are you saying I'm going to court anyway.


Correct. Speed too high for CoFP.
Spenny
Quick question: you said that you were sure there was no reduction displayed, were the signs entirely off or were they displaying 60 and you didn't think it had changed to 40?

Just querying because at night those signs are so bright I'd know they were on 100% and it would be odd to go straight to 40mph with no other prior warnings. If we're thinking they were 60 and hasn't changed then your defence in court is not going to work, you'd need to plead guilty and have a Newton hearing.
Kickaha
QUOTE (Spenny @ Mon, 10 Oct 2016 - 07:27) *
Quick question: you said that you were sure there was no reduction displayed, were the signs entirely off or were they displaying 60 and you didn't think it had changed to 40?

Just querying because at night those signs are so bright I'd know they were on 100% and it would be odd to go straight to 40mph with no other prior warnings. If we're thinking they were 60 and hasn't changed then your defence in court is not going to work, you'd need to plead guilty and have a Newton hearing.

As the OP is not questioning the speed claimed a Newton hearing is not appropriate.

NewJudge
And don't overlook, during all of this, that you must respond to the request for driver's details within the 28 day time limit. This is regardless of how you intend to proceed with the speeding allegation. I you fail to respond you face a separate charge which carries a much higher fine, six penalty points and considerable insurance grief. Because you will be going to court anyway, you may as well do this asap.
The Slithy Tove
QUOTE (Kickaha @ Mon, 10 Oct 2016 - 08:09) *
Just querying because at night those signs are so bright I'd know they were on 100% and it would be odd to go straight to 40mph with no other prior warnings.

Why not? I've seen it often enough (normally M25).
Kickaha
QUOTE (The Slithy Tove @ Mon, 10 Oct 2016 - 16:55) *
QUOTE (Kickaha @ Mon, 10 Oct 2016 - 08:09) *
Just querying because at night those signs are so bright I'd know they were on 100% and it would be odd to go straight to 40mph with no other prior warnings.

Why not? I've seen it often enough (normally M25).

Don't ask me, I did not put that rolleyes.gif
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